sec.21Separation of child in locked room

sec.21 Separation of child in locked room

A detention centre employee may separate a child in a locked room in a detention centre only— if the child is ill; or at the child’s request; or for routine security purposes under a direction issued by the chief executive; or for the child’s protection or the protection of another person or property; or to restore order in the detention centre. A detention centre employee must not separate a child under subsection (1) (d) or (e) (a prescribed purpose )— if the separation is for more than 2 hours, including for more than 2 hours longer than the centre’s normal hours of overnight confinement—without the approval of the executive director for the detention centre; or if the separation is for more than 12 hours—without informing the chief executive; or if the separation is for more than 24 hours—without the chief executive’s approval. Also, if the separation for a prescribed purpose is for more than 24 hours, additional approval from the chief executive must be obtained for each 24 hour period of separation after the first 24 hours of separation. If a detention centre employee separates a child in a locked room in a detention centre, a detention centre employee must keep the child under observation in a way that complies with a direction issued by the chief executive. If a child who is separated in a locked room in a detention centre under subsection (1) (b) asks to leave the locked room, a detention centre employee must immediately allow the child to leave it. Subsection (4) does not limit the circumstances in which a child may be kept under continuous observation. An executive director for a detention centre may delegate the executive director’s function under subsection (2) (a) to an appropriately qualified public service employee. s 21 amd 2020 SL No. 187 s 3 (sec.21-ssec.1) A detention centre employee may separate a child in a locked room in a detention centre only— if the child is ill; or at the child’s request; or for routine security purposes under a direction issued by the chief executive; or for the child’s protection or the protection of another person or property; or to restore order in the detention centre. (sec.21-ssec.2) A detention centre employee must not separate a child under subsection (1) (d) or (e) (a prescribed purpose )— if the separation is for more than 2 hours, including for more than 2 hours longer than the centre’s normal hours of overnight confinement—without the approval of the executive director for the detention centre; or if the separation is for more than 12 hours—without informing the chief executive; or if the separation is for more than 24 hours—without the chief executive’s approval. (sec.21-ssec.3) Also, if the separation for a prescribed purpose is for more than 24 hours, additional approval from the chief executive must be obtained for each 24 hour period of separation after the first 24 hours of separation. (sec.21-ssec.4) If a detention centre employee separates a child in a locked room in a detention centre, a detention centre employee must keep the child under observation in a way that complies with a direction issued by the chief executive. (sec.21-ssec.5) If a child who is separated in a locked room in a detention centre under subsection (1) (b) asks to leave the locked room, a detention centre employee must immediately allow the child to leave it. (sec.21-ssec.6) Subsection (4) does not limit the circumstances in which a child may be kept under continuous observation. (sec.21-ssec.7) An executive director for a detention centre may delegate the executive director’s function under subsection (2) (a) to an appropriately qualified public service employee.